Burlingame v. Traeger

BURNELL, J., pro tem.

This appeal is taken from a judgment entered in favor of the defendants upon the failure of the plaintiff to amend her complaint after demurrers sustained and therefore the only question before us is as to the sufficiency of the facts stated to constitute a cause of action against the defendant sheriff and his deputy.

An understandable presentation of the points involved in the discussion of this question requires us to set forth those portions of the pleadings which attempt to allege the gravamen of the plaintiff’s cause of action. After alleging that at the time of the…